Chapter 433 — Disease and Condition Control; Mass Gatherings; Indoor Air

ORS 433.008 Confidentiality of disclosure; exceptions; privilege

(1)(a)

Except as provided in subsection (2) of this section, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and is exempt from disclosure under ORS 192.311 to 192.478.

(b)

Except as required for the administration or enforcement of public health laws or rules, a state or local public health official or employee may not be examined in an administrative or judicial proceeding about the existence or contents of a reportable disease report or other information received by the authority or local public health administrator in the course of an investigation of a reportable disease or disease outbreak.

(2)

The authority or a local public health administrator may release information obtained during an investigation of a reportable disease or disease outbreak to:

(a)

State, local or federal agencies authorized to receive the information under state or federal law;

(b)

Health care providers if necessary for the evaluation or treatment of a reportable disease;

(c)

Law enforcement officials to the extent necessary to carry out the authority granted to the Public Health Director and local public health administrators under ORS 433.121, 433.128, 433.131, 433.138 and 433.142;

(d)

A person who may have been exposed to a communicable disease;

(e)

A person with information necessary to assist the authority or local public health administrator in identifying an individual who may have been exposed to a communicable disease; and

(f)

The individual who is the subject of the information or the legal representative of that individual.

(3)

The authority or local public health administrator may release individually identifiable information under subsection (2)(d) or (e) of this section only if there is clear and convincing evidence that the release is necessary to avoid an immediate danger to other individuals or to the public.

(4)

The authority or local public health administrator may release only the minimum amount of information necessary to carry out the purpose of the release pursuant to subsection

(2)

of this section.

(5)

A decision not to disclose information under this subsection, if made in good faith, shall not subject the entity or person withholding the information to any liability.

(6)

Nothing in this section:

(a)

Prevents the authority or a local public health administrator from publishing statistical compilations and reports relating to reportable disease investigations if the

compilations and reports do not identify individual cases or sources of information;

(b)

Affects the confidentiality or admissibility into evidence of information not otherwise confidential or privileged that is obtained from sources other than the authority; or

(c)

Prevents dispositions of information pursuant to ORS 192.105.